CLIKZ is the commercial name of the digital marketing service of SC SILATO PROD SRL, a 100% Romanian company. The services offered by us are part of the range of digital marketing services. Digital marketing services are part of the category of non-tangible goods and services, but they are measurable through online measurement platforms.
Clikz is an agency that deals with optimization techniques for internet search engines and other digital marketing techniques. The performance of optimization services for internet search engines and digital marketing is carried out in the online environment, through techniques and procedures specific to this field.
Web traffic monitoring and verification solutions.
Traffic refers to the amount of data moving through a network at any given time. Network data is mostly encapsulated in network packets, which provide the network payload. Network traffic is the main component for network traffic measurement, control and network traffic simulation. Proper organization of network traffic helps ensure quality of service in a given network. Network traffic is also known as data traffic.
This amount increases each time the site is accessed, an email is sent, or files are uploaded/downloaded to the site. Transfer is measured in MegaBytes (MB) or GigaBytes (GB). Traffic on a network can be monitored by collecting the response times of all major access points (eg routers and servers) on a network. Longer response times are an indication of the load experienced by that device.
As a feature of web traffic, “monthly traffic” can be found under many names, such as “traffic”, “data transfer”, “file transfer”, “site bandwidth”, “web traffic” , “bandwidth limit” or just “bandwidth”. However, there is a difference between the terms data transfer (traffic) and bandwidth. Data transfer is all the information downloaded from your website and transferred to your visitor’s computer from your hosting provider’s server at any given time.
Company may make changes to the content and Services offered on the Site at any time. Company can change, update, or add or remove provisions of these Terms, at any time by having you agree to a new version of these Terms or by posting the updated Terms on this Site and by providing you notice. By assenting to the updated Terms or using this Site after Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and receiving Services.
By using the Site, you represent that you are 18 years of age or older, or if you are between the ages of 16 and 18, that you are using the Site with the permission of your parent or legal guardian, or that you are an emancipated minor between the ages of 16 and 18. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to these Terms and to fully indemnify and hold harmless Company if your child breaches or disaffirms any term or condition of these Terms. If you are using this Site on behalf of a company, you represent that you are authorized to legally bind Company to these Terms.
If Company believes that you do not meet any of these requirements Company may immediately terminate your use of the Site.
If you breach any of these Terms, the above license will terminate automatically and you must immediately cease using and delete or destroy any downloaded, electronic or printed Materials.
Using the Site and the Services on the Site
You can simply view the Site and not use any Services on the Site. You need not register with Company to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site (such as the subscriber or member areas) and to use certain Services and Materials offered on and through the Site, you must register with Company for an account and receive a password.
Password Restricted Areas of this Site
If you desire to register for an account with Company, you must submit the following information through the account registration page on the Site: your first name, last name, company name, email address, and website password. You will also have the ability to provide additional optional information, such as company size and work phone number, which is not required to register for an account but may be helpful to Company in providing you with a more customized experience when using the Site or its Services. Once you have submitted your account registration information, you will be automatically approved and logged in to the system.
Currently, Company provides you with the ability to register for an account on the Site using your existing account and log-in credentials through LinkedIn Connect and in the future possible other third party sites (the “Third-Party Websites”). The Third-Party Websites may change from time to time. (each of those log-in credentials, a “Third-Party Site Password”).
You are responsible for maintaining the confidentiality of your Company Password and any Third-Party Site Password (collectively, “Passwords), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Company if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
Responsibility for our content
The content of our pages has been created with great care. However, we cannot guarantee the accuracy or timeliness of the content. In accordance with legal provisions, we are also responsible for our own content on these web pages. In this context, please note that we are therefore not obliged to monitor only the transmitted or saved information of third parties or to investigate circumstances indicating illegal activity.
Our obligations to remove or prevent the use of information in accordance with generally applicable laws are not affected by this. Our desire and will is to offer potential visitors quality content, easy to understand and up-to-date, but we are aware that there may be flaws or omissions, so we are always open to suggestions and proposals from interested parties.
Responsibility for promoted content
Responsibility for the content promoted as a result of ordering our digital marketing services is entirely the responsibility of the buyer. We do not assume responsibility for the reality, conformity or accuracy of the details provided by the buyer. We do not provide content creation services, so this is the responsibility of our beneficiary (client).
The entire responsibility for the reality, conformity or accuracy of the data provided falls on the client who provided these details according to the legislation in force.
The web pages and their content are subject to Romanian copyright legislation. Unless expressly permitted by law (§ 44a et seq. of the copyright law), any form of use, reproduction or processing of works subject to copyright protection on our web pages requires the prior consent of the owner respective rights. Individual reproductions of a work are permitted for private use only, so they must not serve directly or indirectly for profit. Unauthorized use of copyrighted works is punishable (Article 106 of the copyright law).
Company will use commercially reasonable efforts to maintain the Service availability to send and receive data, subject to downtimes resulting from maintenance, repairs and upgrades. Company will use its best commercial effort to use electronic methods via the Service to notify you in advance of any scheduled downtime. Notwithstanding the foregoing, Company shall not be liable for any failures in the Service or any other problems which are related to your data or systems.
Subscriptions and Payment
By registering for an account with Company, you become a “Subscriber” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Subscription”). Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars. You shall bear the transaction and wire transfer fees. If any tax (including but not limited to GST, VAT and service tax) (collectively “Taxes”) is payable on any supply made by Company under or in connection with this Service, you shall pay the fees.
The fee that we will charge you for your Subscription will be the price posted on the Site or otherwise communicated to you on the date that you register as a Subscriber or, if you have signed a OF with us, is as provided for in the OF. Company reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases, except that, if you have a OF with us, the Company may increase prices only after the initial term and any price increase would be effective upon no less than 30 days’ prior written notice.
You may pay for your Subscription fee with credit and debit card payments (Visa, MasterCard, American Express, and Discover) unless you have signed a OF with us, in which case we will invoice you for the fees unless you request to pay by credit card. We will charge your credit or debit card for your first Subscription fee or invoice you, as applicable, on the date that we process your order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon the expiration date of the applicable free-trial period).
After you are invoiced or your credit or debit card is charged the first Subscription fee (or if you sign-up for a Subscription that includes a free-trial period, once we have processed your order for your Subscription), you will receive a confirmation e-mail notifying you of your ability to access those Subscription-only portions of, and Materials on, the Site.
If you have signed a master services agreement with us, (a) we will invoice you for the fees as provided therein (or, if not provided therein, on a monthly basis), and (b) you must pay all invoices by check or wire transfer in accordance with the payment terms of the master services agreement (or, if not provided therein, within 30 days of the invoice date).
With respect to receipts for payments made by credit or debit card, we typically send a receipt of payment after you enroll for a paid subscription. If you add a credit card during a free-trial period and we do not process your payment at that time, Woopra will process your payment when the trial ends. You will not be sent a receipt, however. You can select to receive receipts when we charge your credit card. Unless you configure your account to receive receipts, this feature will be disabled and you will not receive a receipt.
You may have one or more subscriptions. You must have a separate subscription for each organization unless otherwise permitted by Clikz . Please review our website for our then-current pricing. Each subscription is treated separately under an account. Under your account, you can associate a subscription with the same or different credit cards or payment instructions as other subscriptions.
If we fail to deliver the ordered service, we will fully refund the amount you paid in advance or we will replace your order with a new one (at your request). In general, we have not encountered any difficulties in the delivery of the services, but theoretically ( but improbably) there is a possibility that we cannot deliver the purchased service due to numerous factors that are beyond our control or capabilities, so in these hypothetical situations we will refund the full amount paid by the beneficiary.
The services offered by us are part of the range of digital and non-tangible services. We do not refund the amounts paid if, in the meantime (after paying for this service, in the time interval that passes until the full delivery of the service that takes place in stages over several working days) you change your mind and no longer wish to purchase this service, if for other reasons you have not calculated the opportunity to buy this service for your expenses or various other reasons that are not ours.
With the completion of the order, we will communicate to you an activity report of the procedures carried out for the delivery of the service, at which point the delivery of the service is considered fully completed. Communication will be made to the email address specified in the order form.
If you do not pay on time or if Company cannot charge your credit card, PayPal or other payment method for any reason, Company reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site or agreed by the parties, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
All amounts not paid when due are subject to a late fee on the outstanding balance for each month that it remains unpaid equal to the lesser of the number of days of the delay from the next day of the due date at the rate of 15% per annum and the highest rate allowable by applicable law. If any amount owing by Customer under this Agreement or any other OF for Services is not paid when due, Company may, without limiting Company’s other rights and remedies, accelerate your unpaid fee obligations hereunder and any other agreements with Company so that all such obligations become immediately due and payable, and suspend the provision of the Services to you until such amounts are paid in full.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Company. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Company. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Tracking Data and Information.
You hereby agree to not transfer, or cause to be transferred, to Company any of the following types of data: Social Security number; tax ID number; credit card number or financial account number; date of birth; driver’s license, passport or other government identification number; login credentials; medical information; biometric data; sensitive data (as that term is defined by the Data Protection Directive); protected health information (as that term is defined under the Health Insurance Portability and Accountability Act and its implementing regulations, as amended); any nonpublic personal information (as defined by the Gramm-Leach-Bliley Act); or any data subject to data breach notification obligations under state, federal or other law.
Links to Third-Party Sites
This Site may be linked to other web sites that are not Company sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into this Site using your existing account and log-in credentials for such third-party websites, including, without limitation, LinkedIn (any and all of which of the foregoing listed websites may change from time to time) and websites that provide question-and-answer forum functionality (collectively, “Third-Party Sites”).
You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Company is providing links to the Third-Party Sites to you as a convenience, and Company does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. THERE MAY ALSO BE ENDORSEMENT OF THIRD-PARTY WEBSITES, THIRD-PARTY PRODUCTS/SERVICES AND/OR THIRD-PARTIES AVAILABLE FROM THE SITE, SUCH AS GUEST POSTS OR POSTS ABOUT COMPANY’S BUSINESS PARTNERS. COMPANY HAS NO LIABILITY FOR ANY SUCH ENDORSEMENT OR INFORMATION.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You shall also be responsible to review all Submissions to ensure compliance with local and/or federal regulations, and shall assume all liability and risk, for determining whether or not such content is appropriate or acceptable.
You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Company to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Company also reserves the right to terminate these Terms at any time; with or without cause, for any reason or no reason. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Upon any termination, expiration or cancellation of these Terms, all rights and licenses granted by these Terms will cease and terminate, you will no longer be entitled to use any of the Services, Site or Materials, and you shall pay all amounts owing hereunder. If you are permitted by the Company in a separate written contract or through the Site to terminate these Terms for convenience and you exercise such right, you shall pay Company an amount equal to the fees that would have been due over the remainder of the then-current term had these Terms remained in effect, including all fees under all SOWs.
In the event Company terminates these Terms for convenience, no early termination fees will apply. In no event will any termination relieve you of the obligation to pay the fees payable to Company for the period prior to the effective date of termination. Termination of these Terms will also result in the termination of all SOWs under these Terms.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
You agree to pay Company for the proof of concept and other professional services performed under a statement of work (“SOW”) as provided in the SOW. Unless otherwise provided in a SOW, you shall pay each invoice under a SOW within 30 days of the invoice date. Amounts not paid when due will bear interest at the lesser of 1.5% per month and the maximum amount permissible by law.
A SOW will begin when signed by the parties and will expire on the date of completion of the Services under the SOW, unless earlier terminated pursuant to this paragraph. A party may terminate a SOW upon 30 days’ written notice to the other party, if the other party materially breaches a SOW and the breach remains uncured at the end of the 30 day cure period. Company hereby grants you a non-exclusive license to use the deliverables provided by Company to you under a SOW for internal evaluation purposes only.
Woopra is a trademark of Company in the United States and other registered territories. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright © Clikz . All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application software that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Intellectual Property Infringement
Company respects the intellectual property rights of others, and we ask you to do the same. Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Company’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Company to locate the material.
- Information reasonably sufficient to permit Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Local Laws; Export Control
Company mainly operates this Site and provides the Service from Romania and the Materials may not be appropriate or available for use in other locations. If you use this Site outside of Romania , you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.
You hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Company may include and use your name on a list of customers and may refer to you as a user of the Services in its advertising, marketing, promotional and investor materials.
Additional Compliance Requirement
To the extent applicable, as determined by Clikz , if you belong to anti-social forces (referring hereafter to organized crime group, organized crime group member, terrorist organizations, anti-social forces or other equivalent organizations according to applicable Japanese laws and regulations, “Anti-Social Force”), or provides funds or uses other means to maintain, operate, assist in or participate in the operation of Anti-Social Forces or has any interaction or involvement with Anti-Social Forces, Clikz may terminate the services immediately without prior notice to you.
In addition to the provision of the preceding paragraph, in the event that any your director, supervisor, employee or other member, shareholder, client and/or supplier, or consultant or other expert advisor is confirmed to be Anti-Social Forces, or provides funds or uses other means to maintain, operate, assist or participate in the operation of Anti-Social Forces or has any interaction or involvement with Anti-Social Forces, Clikz may terminate the Services immediately by written notice to you if you fail to comply with Clikz’s request to eliminate such relationship within a reasonable period upon the your receipt of Clikz’s notice.
To the extent applicable, as determined by Clikz , if the you are confirmed to be listed in the Romania Office of Foreign Assets Control Sanctions List, Clikz may terminate the Services immediately without prior notice to you.
In the event that the Services is terminated under this Article, Clikz shall not be held liable for any damages suffered by you due to such termination, while you shall compensate Clikz for any and all damages suffered by Clikz .
Company prefers to advise you if we believe you are not complying with these Terms and to recommend any necessary corrective action. However, we are under no obligation to notify you and certain violations of these Terms, as determined by Company, may result in immediate termination of your access to this Site without prior notice to you. If any of these Terms is found to be inconsistent with applicable law, then, except as otherwise provided below, such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company’s failure to enforce any of these Terms is not a waiver of such term.
These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company with respect to the subject matter hereof. Without limitation, these Terms may not be amended, superseded, modified or extended by any purchase order, terms of purchase or other similar document of yours, even if accepted by Company. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
You and Company agree to arbitrate – rather than litigate in court – any and all claims or Disputes that may arise between you and Company. For the purpose of this Arbitration Agreement the term “Company” means Company and any of Company now or future parent companies or organizations, subsidiaries, affiliates, and each of their owners, officers, directors, employees, and agents. The term “Dispute” means any claim or dispute that may arise out of or in any way relates to your relationship with Company, including, without limitation, regarding these Terms, your use of the Services, or the Company products or services that Company, Company’s affiliates, and/or Company’s service providers (on Company’s behalf) may provide to you in connection with your use of the Services and/or Company’s products or services, including, without limitation, any Dispute based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. In no event, however, will this Arbitration Agreement prevent you, in your individual capacity, from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against Company on your behalf. The arbitration between you and Company will be binding, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.
Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. This Arbitration Agreement provides that all Disputes between you and Company shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you might otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is very limited.
The arbitrator’s authority is governed by these Terms. You and Company agree that an arbitrator must follow and be governed by this Arbitration Agreement and may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Company, and may not include class or collective action relief. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding this Arbitration Agreement, you and Company may bring appropriate claims against each other regarding Disputes in small claims court, if the claims fall within the small claims court’s jurisdiction, or, on an individual and not class or collective action basis, before any other federal, state, or local government agency authorized by law to hear your claims. Any dispute relating in any way to Company or its products or service shall be submitted to confidential arbitration in San Francisco, California, or in the federal judicial district in which you reside, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in San Francisco, California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration, collective action, consolidated proceedings, or otherwise.
Class Action Waiver
You and Company agree that all Disputes between you and Company will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or Company bring a claim or Dispute in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor Company may participate in a class or representative action as a class member if the class action asserts claims or Disputes that would fall within the scope of this Arbitration Agreement if they were directly asserted by you or Company. Notwithstanding the foregoing, this Arbitration Agreement shall not prohibit you or Company from participating solely in your individual capacity in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or Company, excluding litigation brought by any party in its capacity as a private attorney general. The parties both agree that this Class Action Waiver is an essential part of our Arbitration Agreement and that, if this Class Action Waiver is found to be unenforceable by any court or arbitrator, then the entire Arbitration Agreement set forth in this section will not apply to any claim or Dispute between you and Company. This Class Action Waiver may not be severed from this Arbitration Agreement.
Informal Dispute Resolution
You and Company agree to try to resolve Disputes informally before resorting to arbitration. If the Dispute cannot be resolved by telephone, you agree to notify us of the Dispute by sending a written description of your claim to Woopra, Inc., 655 Montgomery Street, Fl 7, San Francisco, CA 94111 so that Company can attempt to resolve it with you. If Company does not satisfactorily resolve your Dispute within 30 calendar days of receiving notice of it, then you may pursue the Dispute in arbitration. Neither you nor Company may initiate arbitration without first providing the other notice of the Dispute and following the informal Dispute resolution procedure provided in this paragraph.
If the Dispute is not resolved by the Informal Dispute Resolution procedure described above, then either you or Company may initiate arbitration proceedings. You and Company agree that this website and the purchase and sale of Company’s service and products each affects interstate commerce and that the Federal Arbitration Act (“FAA”) applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”), and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, except as limited by other provisions of these Terms, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA or applicable state law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at Legal Department:
SC SILATO PROD SRL
Strada Oltului , nr . 1 , Loc Petroșani , Județul Hunedoara , cod poștal 332051 , România
E-mail : [email protected]
The Terms of Service was last updated on October, 2022.